Trying to earn full custody of your children can be difficult. When you are looking to do what is best for your children, sometimes it can mean having them live with you full-time. Unfortunately, Ohio custody laws do not grant full custody to everyone who applies for it. However, several situations are likely to grant a parent full custody of their children.
When the parents are not married, the mother automatically gets sole custody of the children. Although custody typically defaults to the mother, the father can challenge this and pursue either shared custody or even sole custody if the situation allows it.
A parent is abusive
If one of the parents is abusive toward the children or parent, it may be grounds for sole custody for the other parent. If there is documentation of the abuse, such as police reports, it will considerably increase the odds of the other parent earning sole custody.
A parent has an addiction
A parent with drug addiction is unlikely to be able to look after their children properly. Even with partial custody, when the addicted parent is supervising the kids, there is no certainty that the children are safe. To protect their children, seeking sole custody may be necessary, and a judge will likely agree.
A parent is incarcerated
A parent who is not able to parent a child due to incarceration is not likely to keep any level of custody while incarcerated. The non-incarcerated parent is likely to secure sole custody to look after the children’s best interests.
Are you likely to earn sole custody?
If you are looking to earn sole custody over your children, consult with an attorney about how likely you are to secure it. There are many reasons a court may grant you sole custody, but you need to take action to earn it. If you suspect you should have sole custody, now is the best time to seek it, so act today.